Powers v. Federal Bureau of Prisons/Alderson Federal Prison Camp et al
Filing
32
MEMORANDUM OPINION AND ORDER: The court ADOPTS the 31 Proposed Findings and Recommendation by Magistrate Judge VanDervort; GRANTS defendants' 14 Motion to Dismiss the Federal Bureau of Prisons and Alderson Federal Prison Camp for Failure to State a Claim and Lack of Subject Matter Jurisdiction; GRANTS the United States' 16 Motion to Dismiss Defendants Natalie Wright, M.D. and Patricia McMichael and Substitute the United States; GRANTS the United States' 19 Motion to Dismis s for Lack of Subject Matter Jurisdiction; GRANTS Defendants Wright and McMichael's 24 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; DISMISSES plaintiff's 3 complaint and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 7/23/2012. (cc: Plaintiff, Pro Se and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
STEPHANIE RENE POWERS,
Plaintiff,
v.
CIVIL ACTION NO. 1:10-1389
FEDERAL BUREAU OF PRISONS, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge R. Clarke VanDervort for submission of
findings and recommendations regarding disposition pursuant to 28
U.S.C.A. § 636(b)(1)(B).
Magistrate Judge VanDervort submitted to
the court his Findings and Recommendation on May 23, 2012, in
which he recommended that the district court grant defendants’
“Motion to Dismiss the Federal Bureau of Prisons and Alderson
Federal Prison Camp for Failure to State a Claim and Lack of
Subject Matter Jurisdiction;” grant the United States’ “Motion to
Dismiss Defendants Natalie Wright, M.D. and Patricia McMichael and
Substitute the United States;” grant the United States’ Motion to
Dismiss for Lack of Subject Matter Jurisdiction; grant “Defendants
Wright and McMichael’s Motion to Dismiss, or in the Alternative,
Motion for Summary Judgment;” dismiss plaintiff’s complaint; and
remove this matter from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing days,
in which to file any objections to Magistrate Judge VanDervort’s
Findings and Recommendation.
The failure of any party to file
such objections constitutes a waiver of such party's right to a de
novo review by this court.
Snyder v. Ridenour, 889 F.2d 1363 (4th
Cir. 1989).
The parties failed to file any objections to the Magistrate
Judge's Findings and Recommendation within either thirteen-day
period.
Having reviewed the Findings and Recommendation filed by
Magistrate Judge VanDervort, the court adopts the findings and
recommendations contained therein.
1.
Accordingly, the court hereby:
GRANTS defendants’ “Motion to Dismiss the Federal
Bureau of Prisons and Alderson Federal Prison Camp for
Failure to State a Claim and Lack of Subject Matter
Jurisdiction” (Doc. # 14);
2.
GRANTS the United States’ “Motion to Dismiss
Defendants Natalie Wright, M.D. and Patricia McMichael
and Substitute the United States” (Doc. # 16);
3.
GRANTS the United States’ Motion to Dismiss for Lack
of Subject Matter Jurisdiction (Doc. # 19);
4.
GRANTS “Defendants Wright and McMichael’s Motion to
Dismiss, or in the Alternative, Motion for Summary
Judgment” (Doc. # 24); and
2
5.
DISMISSES plaintiff’s complaint and directs the Clerk
to remove this case from the court’s active docket.
The Clerk is directed to forward a copy of this Memorandum
Opinion and Order to plaintiff, pro se, and counsel of record.
IT IS SO ORDERED this 23rd day of July, 2012.
ENTER:
David A. Faber
Senior United States District Judge
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